Tort of negligence
Doing something a reasonable man wouldn't do and failing to do something a reasonable man would do.
Defined by the case Blyth v Birmingham water works
Re-defined by the case Donoghue v Stevenson
Caparo test
Defined by the case Donoghue v stevenson
Forseeable: Kent v Grifiths
Proximate: Bourhill v young
Fair,just and reasonable: Hill v Chief constable of West Yorkshire
Reasonable man:
Learner driver
children
Professionals
Learner driver: Nettleship v weston
Children: Mullin v Richards
Professional: Bolam v Lankashire Health Board
Size of the risk
cost and effort
Where the risks known about?
Is there a public benefit?
Special characteristics?
Size: Bolton v stone
Cost + effort: Latimer v AEC Ltd
Known about: Roe v Minister of Health
public benefit: watt v Hertforshire County Council
Special characteristics: Paris v Stepney Borough Council
Factual causation
‘ but for test’
Legal Causation
Can you forsee type and kind of injury?
the injury isn't too remote.
Legal causation:
Cork v Kirby Maclean
Factual causation:
Forsee type and kind
Hughs v Lord Advocate
Not too remote
Wagon mound
The egg Shell skull rule
Novus Actus interventiens
Last changeda year ago